10158 Federal Register / Vol. 73, No. 38 / Tuesday, February 26, 2008 / Rules and Regulations 

eliminate ambiguity, and reduce 

burden. 

Executive Order 13045 (Protection of 

Children) 

The FMCSA analyzed this action 

under Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks. We determined that this 

rulemaking will not concern an 

environmental risk to health or safety 

that may disproportionately affect 

children. 

Executive Order 12630 (Taking of 

Private Property) 

This rulemaking does not effect a 

taking of private property or otherwise 

have taking implications under 

Executive Order 12630, Governmental 

Actions and Interference with 

Constitutionally Protected Property 

Rights. 

Executive Order 13132 (Federalism) 

The FMCSA analyzed this rule in 

accordance with the principles and 

criteria contained in Executive Order 

13132. The FMCSA has determined that 

this rulemaking will not have a 

substantial direct effect on States, nor 

will it limit the policy-making 

discretion of the States. Nothing in this 

document will preempt any State law or 

regulation. 

Executive Order 12372 

(Intergovernmental Review) 

The regulations implementing 

Executive Order 12372 regarding 

intergovernmental consultation on 

Federal programs and activities do not 

apply to this program. 

Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(44 U.S.C. 3507(d)) requires that FMCSA 

consider the impact of paperwork and 

other information collection burdens 

imposed on the public. We have 

determined that there are no new 

information collection requirements 

associated with this final rule. 

National Environmental Policy Act 

The FMCSA analyzed this final rule 

for the purpose of the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321, et seq.) and determined 

under our environmental procedures 

Order 5610.1, issued March 1, 2004 (69 

FR 9680), that this action is 

categorically excluded (CE) under 

Appendix 2, paragraph 6.h of the Order 

from environmental documentation. In 

addition, the Agency believes that this 

action includes no extraordinary 

circumstances that will have any effect 

on the quality of the environment. Thus, 

the action does not require an 

environmental assessment or an 

environmental impact statement. 

The FMCSA also analyzed this rule 

under the Clean Air Act, as amended 

(CAA), section 176(c) (42 U.S.C. 7401, et 

seq.), and implementing regulations 

promulgated by the Environmental 

Protection Agency. Approval of this 

action is exempt from the CAA’s general 

conformity requirement since it will 

have no effect on the environment. 

Executive Order 13211 (Energy Effects) 

The FMCSA analyzed this action 

under Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We determined 

that it is not a ‘‘significant energy 

action’’ under that Executive Order 

because it will not be likely to have a 

significant adverse effect on the supply, 

distribution, or use. 

List of Subjects in 49 CFR Part 367 

Commercial motor vehicle, Financial 

responsibility, Motor carriers, Motor 

vehicle safety, Registration, Reporting 

and recordkeeping requirements. 

■ In consideration of the foregoing, 

FMCSA amends title 49, Code of 

Federal Regulations, part 367, as 

follows: 

PART 367—STANDARDS FOR 

REGISTRATION WITH STATES 

■ 1. The authority citation for part 367 

continues to read as follows: 

Authority: 49 U.S.C. 13301, 14504, 14504a; 

and 49 CFR 1.73. 

■ 2. Correct the section heading and the 

title of the table in § 367.20 to read as 

follows: 

§ 367.20 Fees under the Unified Carrier 

Registration Plan and Agreement for Each 

Registration Year. 

Fees Under the Unified Carrier 

Registration Plan and Agreement for 

Each Registration Year 

* * * * * 

Issued on: February 20, 2008. 

John H. Hill, 

Administrator. 

[FR Doc. E8–3603 Filed 2–25–08; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 001005281–0369–02] 

RIN 0648–XF68 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Coastal 

Migratory Pelagic Resources of the 

Gulf of Mexico and South Atlantic; 

Closure 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS closes the commercial 

fishery for king mackerel in the Florida 

east coast subzone. This closure is 

necessary to protect the Gulf king 

mackerel resource. 

DATES: The closure is effective 12:01 

a.m., local time, February 21, 2008, 

through 12:01 a.m., local time, March 

31, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Susan Gerhart, telephone: 727–824–

5305, fax: 727–824–5308, e-mail: 

Susan.Gerhart@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

fishery for coastal migratory pelagic fish 

(king mackerel, Spanish mackerel, cero, 

cobia, little tunny, and, in the Gulf of 

Mexico only, dolphin and bluefish) is 

managed under the Fishery 

Management Plan for the Coastal 

Migratory Pelagic Resources of the Gulf 

of Mexico and South Atlantic (FMP). 

The FMP was prepared by the Gulf of 

Mexico and South Atlantic Fishery 

Management Councils (Councils) and is 

implemented under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) by regulations 

at 50 CFR part 622. 

Based on the Councils’ recommended 

total allowable catch and the allocation 

ratios in the FMP, on April 30, 2001 (66 

FR 17368, March 30, 2001) NMFS 

implemented a commercial quota of 

2.25 million lb (1.02 million kg) for the 

eastern zone (Florida) of the Gulf 

migratory group of king mackerel. That 

quota is further divided into separate 

quotas for the Florida east coast subzone 

and the northern and southern Florida 

west coast subzones. The quota 

implemented for the Florida east coast 

subzone is 1,040,625 lb (472,020 kg) (50 

CFR 622.42(c)(1)(i)(A)(1)). 

Under 50 CFR 622.43(a)(3), NMFS is 

required to close any segment of the 


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Federal Register / Vol. 73, No. 38 / Tuesday, February 26, 2008 / Rules and Regulations 10159 

king mackerel commercial fishery when 

its quota has been reached, by filing a 

notification at the Office of the Federal 

Register. NMFS has determined that the 

commercial quota of 1,040,625 lb 

(472,000 kg) for Gulf group king 

mackerel in the Florida east coast 

subzone will be reached on February 20, 

2008. Accordingly, the commercial 

fishery for king mackerel in the Florida 

east coast subzone is closed at 12:01 

a.m., local time, February 21, 2008, 

through 12:01 a.m., local time, March 

31, 2008. 

From November 1 through March 31 

the Florida east coast subzone of the 

Gulf group king mackerel is that part of 

the eastern zone north of 25°20.4′ N. lat. 

(a line directly east from the MiamiDade/Monroe County, FL, boundary) to 

29°25′ N. lat. (a line directly east from 

the Flagler/Volusia County, FL, 

boundary). Beginning April 1, the 

boundary between Atlantic and Gulf 

groups of king mackerel shifts south and 

west to the Monroe/Collier County 

boundary on the west coast of Florida. 

From April 1 through October 31, king 

mackerel harvested along the east coast 

of Florida, including all of Monroe 

County, are considered to be Atlantic 

group king mackerel. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA, 

finds that the need to immediately 

implement this action to close the 

fishery constitutes good cause to waive 

the requirements to provide prior notice 

and opportunity for public comment 

pursuant to the authority set forth in 5 

U.S.C. 553(b)(B), as such procedures 

would be unnecessary and contrary to 

the public interest. Such procedures 

would be unnecessary because the rule 

itself already has been subject to notice 

and comment, and all that remains is to 

notify the public of the closure. 

NMFS also finds good cause that the 

implementation of this action cannot be 

delayed for 30 days. There is a need to 

implement this measure in a timely 

fashion to prevent an overrun of the 

commercial fishery for king mackerel in 

the Florida east coast subzone, given the 

capacity of the fishing fleet to harvest 

the quota quickly. Any delay in 

implementing this action would be 

contrary to the Magnuson-Stevens Act 

and the FMP. Accordingly, under 5 

U.S.C. 553(d), a delay in the effective 

date is waived. 

This action is taken under 50 CFR 

622.43(a) and is exempt from review 

under Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: February 20, 2008. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 08–835 Filed 2–20–08; 3:59 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 070213032–7032–01] 

RIN 0648–XF82 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pollock in Statistical 

Area 630 of the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; modification of 

a closure. 

SUMMARY: NMFS is reopening directed 

fishing for pollock in Statistical Area 

630 of the Gulf of Alaska (GOA) for 48 

hours. This action is necessary to fully 

use the A season allowance of the 2008 

total allowable catch (TAC) of pollock 

specified for Statistical Area 630 of the 

GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), February 23, 2008, through 

1200 hrs, A.l.t., February 25, 2008. 

Comments must be received at the 

following address no later than 4:30 

p.m., A.l.t., March 7, 2008. 

ADDRESSES: Send comments to Sue 

Salveson, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region, NMFS, Attn: 

Ellen Sebastian. You may submit 

comments, identified by 0648–XF82, by 

any one of the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal website at 

http://www.regulations.gov; 

• Mail: P.O. Box 21668, Juneau, AK 

99802; 

• Fax: (907) 586–7557; or 

• Hand delivery to the Federal 

Building: 709 West 9th Street, Room 

420A, Juneau, AK. 

Instructions: All comments received 

are a part of the public record and will 

generally be posted to http:// 

www.regulations.gov without change. 

All Personal Identifying Information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. 

NMFS will accept anonymous 

comments. Attachments to electronic 

comments will be accepted in Microsoft 

Word, Excel, WordPerfect, or Adobe 

PDF file formats only. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Hogan, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens Fishery Conservation and 

Management Act. Regulations governing 

fishing by U.S. vessels in accordance 

with the FMP appear at subpart H of 50 

CFR part 600 and 50 CFR part 679. 

NMFS closed the directed fishery for 

pollock in Statistical Area 630 of the 

GOA under § 679.20(d)(1)(iii) on 

January 22, 2008 (73 FR 4494, January 

25, 2008). The fishery was subsequently 

reopened on January 25, 2008 and 

closed on January 27, 2008 (73 FR 5128, 

January 29, 2008). 

NMFS has determined that 

approximately 2,469 mt of pollock 

remain in the directed fishing allowance 

in Statistical Area 630 of the GOA. 

Therefore, in accordance with 

§ 679.25(a)(1)(i), (a)(2)(i)(C) and 

(a)(2)(iii)(D), and to fully utilize the A 

season allowance of the 2008 TAC of 

pollock in Statistical Area 630, NMFS is 

terminating the previous closure and is 

reopening directed fishing for pollock in 

Statistical Area 630 of the GOA. In 

accordance with § 679.20(d)(1)(iii), the 

Regional Administrator finds that this 

directed fishing allowance will be 

reached after 48 hours. Consequently, 

NMFS is prohibiting directed fishing for 

pollock in Statistical Area 630 of the 

GOA for 48 hours, effective 1200 hrs, 

A.l.t., February 25, 2008. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) and 50 CFR 

679.25(c)(1)(ii) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 


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